Consumer Rights in the Realm of Debt Collection

June 17, 2016

By Bibek Das

Many consumers may be familiar with abusive and harassing tactics which are sometimes used by debt collectors when attempting to collect a debt from a consumer. The Federal Fair Debt Collection Practices Act (“FDCPA”) contains several provisions that regulate the manner and tactics used by debt collectors in collecting debts from consumers. Under the regulations set forth in the FDCPA, a debt collector may not engage in conduct where the natural consequence is to harass, oppress or abuse any person in connection with a debt.

The conduct and practices used by debt collectors the FDCPA regulates and prohibits include the following: (1) use or threat of violence or other criminal means to harm the person, reputation, or property of any person; (2) use of obscene, profane or other abusive language; (3) causing a phone to ring repeatedly or to repeatedly engage a consumer in phone conversation with the intent to annoy, abuse or harass the consumer; (4) placing phone calls without meaningful disclosure of one’s identity. It is important to note that the aforementioned prohibited conduct is not just limited to direct contact with the consumer, but there could also be a violation of the FDCPA if such prohibited contact has an impact on a third party.

There are many different reasons for filing a lawsuit under the FDCPA and its state law counterparts. If you believe your rights may have been violated under, we recommend contacting an attorney to discuss your case and possible legal options. This article is intended for informational purposes only and should not to be construed as providing legal advice. Again, if you believe you have been injured under the FDCPA, we highly recommend that you contact an attorney for further information and legal advice.